What Are the Differences Between Sole Custody vs. Full Custody in Seattle?

As a parent, you want to do everything you can to support your child and protect their best interests. No matter what personal challenges you may be struggling with in your own life, you likely try your best to put these concerns aside while you interact with your child and focus on their well-being. As you sort through the complex emotions associated with the ending of your marriage, it’s natural to feel overwhelmed and concerned about how this event will affect your child, both practically and emotionally. Navigating the divorce or legal separation process in Washington state can be particularly stressful for parents, as they are faced with significant decisions that will shape the course of their lives (and those of their children). In addition to negotiating an equitable distribution of assets and debts, divorcing parents need to establish a parenting plan that dictates with whom the child will reside and for how long. Since no two families are the same, parenting plans are designed to adjust to support the needs and circumstances of each situation. 

Whether you are just beginning to explore your divorce options in the Seattle area or you are ready to focus on child custody determinations, it’s helpful to understand the various types of child custody arrangements and their implications. Although many people use the terms sole custody and full custody interchangeably, there are subtle distinctions between these terms. Enlisting the guidance of an experienced and caring Seattle family law attorney is the best way to access the personalized support you need to make informed decisions with greater confidence during this challenging time. Let’s take a closer look at how child custody matters typically unfold in Washington state and some of the steps you can take to safeguard your child’s best interests at every opportunity. 

What is Sole Custody vs. Full Custody in Washington State?

It’s common for people to use the terms sole custody and full custody interchangeably, as they both refer to a child custody arrangement in which one parent is primarily responsible for the care of the child. For the most part, courts in Washington state work hard to establish child custody arrangements that allow both parents to spend time with the child. In some cases, however, the court may limit the child’s time with one parent if there is reason to believe that this parent is not capable of providing a safe and stable living environment for the child. For example, the court will likely limit a child’s time with a parent who is struggling with substance abuse—at least until the parent has attended counseling and is able to demonstrate that they can care for the child in a stable, safe, and drug-free living environment. Before we take a closer look at the difference between full custody and sole custody in Washington state, it’s important to understand the different types of custody that are available to parents. 

Legal Custody

Essentially, legal custody refers to a parent’s authority to make decisions on behalf of the child. When a parent has legal custody, they can make decisions about any medical, educational, or religious matters the child may be facing. Both parents can share legal custody of their child, or one parent may be awarded primary legal custody over making these important decisions. 

Physical Custody

Physical custody pertains to where the child will reside. As long as both parents are able to provide a secure and safe home environment, the court may grant shared physical custody to both parties. However, it’s important to note that shared physical custody does not mean an even fifty-fifty split, as this arrangement may not be practical or feasible in practice. Generally speaking, physical custody refers to determinations about how long the child will reside with each parent, including considerations for holidays and vacations. The exact nature of physical custody matters will vary on a case-by-case basis, so it’s best to discuss the specifics of your situation with a knowledgeable and highly qualified Seattle family law attorney. 

Joint Custody

In situations where both parties have equal legal custody (i.e., decision-making authority) and parenting time (physical custody), this arrangement is referred to as joint custody. In Washington, it’s possible for parents to have joint legal custody even when one parent has primary physical custody of the child. 

Are Full Custody and Sole Custody the Same? 

When people use the term sole custody, this usually means that the other parent does not have visitation rights with their child. This could be for any number of reasons, such as the parent being incarcerated, dependent on alcohol or drugs, exhibiting abusive behaviors, or jeopardizing the child’s safety in some way. However, the term full custody can mean that the other parent is still able to spend time with their child and enjoy visitation rights. For instance, a parent with full custody can still allow the other parent to have scheduled visitations with the child. In situations where one parent has full physical custody of the child, this usually means that the other parent is not permitted to host the child overnight or spend time with the child without a court-appointed supervisor present during the visit. Ultimately, any situation in which the court has limited a parent’s visitation rights usually means that the other parent has full custody of the child. In sole custody situations, which tend to be more rare, the non custodial parent does not have visitation rights—whether this is temporary or permanent. 

How Washington Courts Handle Sole Custody vs. Full Custody

To establish a parenting plan in Washington state, the parties can complete the paperwork and file it with the court for the judge to review and approve. However, when the parties cannot agree to the terms of a parenting plan, they can take the matter before the judge to decide. In all child custody cases, the court will seek an agreement that supports the principle outlined in RCW 26.09.002: “The state recognizes the fundamental importance of the parent-child relationship to the welfare of the child, and that the relationship between the child and each parent should be fostered unless inconsistent with the child’s best interests.” In practice, this means that the judge will carefully consider several factors before arriving at a child custody agreement that best serves the interests and well-being of the child. For instance, the judge will likely explore the following elements to determine a child custody arrangement that is fair and safe for the child.

The Child’s Relationship With Each Parent

The court wants to be certain that the child will be able to enjoy quality time with both parents. As long as both parents are fit to care for the child, the judge will seek to establish a parenting plan that allows both parents to spend time with their child in meaningful ways. Even if one parent serves as the primary physical custodian of the child, the parenting plan will likely provide many opportunities for the child to visit the other parent (whether that means spending every other weekend at the other parent’s house or only spending time with them while supervised—if the circumstances warrant this precaution). Ultimately, the goal is for the child to spend time cultivating relationships with both parents. 

Each Parent’s Ability to Care for the Child

When the court decides matters of physical custody, it must assess each parent’s ability to provide a safe and stable living environment. If one parent is between jobs or has yet to find stable housing, the court will likely award full physical custody to the parent with the safe and secure home (at least until the other parent has found suitable housing). Moreover, the judge will evaluate each parent’s ability to engage appropriately with the child. For example, if one parent has remarried and now has several other children to care for, making the house too crowded and chaotic for the child to enjoy, the court may use this as a factor to grant the other parent a larger share of the physical custody. 

The Child’s Involvement in their Present Community

If one parent lives close to the child’s school while the other parent has moved farther away, the court may use this logistical factor to influence the specifics of the parenting plan. If establishing a joint custody agreement with a fifty-fifty split is not feasible, the court will likely grant one parent a larger share of the physical custody so that the child can spend the majority of their time in the community where they go to school and where their friends reside. In these cases, the other parent can still spend time with the child on weekends or according to a schedule that does not interfere with the child’s ability to grow and thrive in their community. 

Learn More About Sole vs. Full Custody Today

Making decisions about your child’s future can be daunting and intimidating, as you want to trust that the foundation you create will allow them to thrive. Understanding the subtle distinctions in child custody terms and exploring your various options is crucial for parents navigating custody arrangements, as they can impact the child’s well-being and future relationships. If you’re ready to learn more about how to protect your child’s best interests as you move into your life’s next chapter, consider enlisting the guidance of a caring and trusted Seattle family law attorney to support you along the way.

As a boutique law firm, the Hemmat Law Group has extensive experience with all aspects of family law, including divorce, legal separation, child custody, child support, and more. We are committed to working closely with each client we serve to understand their unique circumstances and goals so that we can deliver their desired outcomes. Please contact our Seattle office today at (206) 682-5200 to get started with a dedicated and caring family law attorney.